We often come across news reports about shoppers who are mugged or shot in parking lots or at grocery stores. Campus students are sometimes sexually harassed or assaulted on campus premises.
Many other people are victims of violence in one way or another in spaces such as apartment complexes, hotels, clubs, and other public amenities.
Business owners and property managers must protect customers, visitors, and the general public against foreseeable criminal activities. If someone falls victim to acts of violence such as mugging, assault, or murder, a legal recourse may be undertaken by the victim or their surviving estate.
Working with a skilled Montgomery County premises liability lawyer will help establish whether you are eligible for compensation and also help you pursue maximum damages for your losses.
Is My Case Eligible for Compensation?
Not all negligent security cases are eligible for compensation. However, you have a good chance of recovering damages if the circumstances of the attack were foreseeable in the first place.
Like other personal injury cases, a negligent security claim in Montgomery County is built on the presumption that the property owner or manager had a duty to assess the security and safety measures on their premises. If any hazards or risks are established, then their primary duty is to prevent foreseeable harm or criminal activities from happening.
For example, if there is a lapse in the screening process at the entrance of a hotel, it’s the management’s responsibility to ensure that the proper procedures or protocols are followed. This can help prevent unauthorized persons from accessing the facility. To bring your case forward, you must do the following:
Establish the Duty of Care
First, your Montgomery County personal injury lawyer must prove that the business or property owner and manager owed you a legal duty of care.
This makes sense only if you were legally on the premises. For example, if you were a guest in a hotel, the business automatically owes you a duty of care. They must know the risks and do everything reasonable to mitigate them.
Prove Breach of Duty
Next, you must prove that the duty of care was not observed or maintained. Your negligent security attorney must demonstrate that the management knew or should have known about existing risks and security threats.
Moreover, it must be shown that they failed to take necessary precautions to prevent them from happening. An excellent example of a breach of duty is when parking lots are insufficiently lit, and the management fails to provide adequate lighting.
Demonstrate Causation
Another critical element that helps prove a negligent security claim is causation. As the victim, it’s your duty to prove that the breach of duty caused your injuries or losses.
A direct link between the management’s inaction and the assault or the harm you suffered must be clearly shown. For example, if a hotel does not have limited access due to inadequate security personnel or infrastructure, it is prone to entry by unauthorized persons.
If you are assaulted, you can prove causation by showing that the incident would not have occurred had the necessary security measures, such as hiring adequate and well-trained guards, been undertaken.
Prove Damages
Finally, you must also prove the damages you suffered. Examples of damages resulting from a negligent security incident include medical expenses, lost wages, reduced quality of life, loss of consortium, physical pain and suffering, emotional trauma, permanent disability, and loss of companionship, among others.
A seasoned Montgomery County negligent security lawyer is essential in determining the damages you are eligible to claim.
For a free legal consultation with a negligent security lawyer serving Montgomery County, call (832) 449-8230
Do I Need a Negligent Security Attorney?
Yes. Premises liability laws are sometimes too complex to navigate for a person without the legal experience and background to understand them. Furthermore, your injuries may be too severe to allow you to focus on your injury claim effectively.
Therefore, hiring a Montgomery County negligent security attorney saves you the time, energy, costs, and hassle of:
- Investigating the incident or attack
- Determining liability
- Gathering evidence
- Obtaining eyewitness statements
- Retaining security experts
- Calculating your damages
- Handling insurance companies
- Representing you in trial
Fortunately, you don’t need to pay any upfront costs to have your case handled by a legal professional. Many negligent security attorneys in Montgomery County, including our team, take up personal injury cases on a contingency arrangement. We only get paid if you are compensated.
Montgomery County Negligent Security Lawyer Near Me (832) 449-8230
Get Help From Our Negligent Security Attorneys Today
Negligent security claims can be challenging to pursue. You need a skilled legal professional who can navigate premises liability laws and advocate for your rights effectively.
Our seasoned Montgomery County negligent security lawyers are here to assist. Call our firm right away to schedule a free case evaluation.
Call or text (832) 449-8230 or complete a Free Case Evaluation form